Wedel

Wedel v. United States

Good Law
2 F.2d 462·1924 U.S. App. LEXIS 2079
United States Court of Appeals for the Ninth CircuitNovember 10, 1924No. 4247California800 words

Opinion

Lead Opinion

Eudkin, J.

Section 21 of the National Prohibition Act (Comp. St. Ann. Supp. 1923) § 10138½jj) declares that any room, house, building, boat, vehicle, structure or place where intoxicating liquor is manufactured, sold, kept, or bartered in violation of the act, is a common nuisance. Section 22 (Comp. St. Ann. Supp. 1923, § 10138½k) provides that an action to enjoin any such nuisance may be brought in the name of the United States; by the Attorney General of the United States, or by any United States, attorney, or any prosecuting *463 attorney of any state or any subdivision thereof, or by the commissioner, or by his deputies or assistants; that such action shall be brought and tried as an action in equity, and may be brought in any court having jurisdiction to hear and determine equity cases; and that, if it is made to appear by affidavits, or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary injunction shall forthwith issue restraining the defendant from conducting or continuing such nuisance until the conclusion of the trial. Section 24 (Comp. St. Ann. Supp. 3923, § 10138½ll) provides that, in case of the violation of any injunction,…

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